Legal Opinion

In Re Pine Hill Cemeteries, Inc.

Supreme Court of North Carolina

Decided May 31, 1941PublishedCited by 30 opinions

1Opinion of the CourtBaeNhill, J.

The act, ch. 250, Public Laws 1923, which authorizes cities and towns to adopt zoning ordinances and to provide machinery for the enforcement thereof makes no provision for an appeal from a determination by the board of adjustment to the courts. It does provide, in sec. 7 thereof, that “every decision of such board shall, however, be subject to review by proceedings in the nature of certiorari.” It follows that petitioner has adopted the proper procedure.

The writ of certiorari, as permitted by the zoning ordinance statute, is a writ to bring the matter before the court, upon the evidence…

2Cases cited5 opinions

  1. In Re Appeal of ParkerSupreme Court of North Carolina · 1938
  2. Rosenthal v. City of GoldsboroSupreme Court of North Carolina · 1908
  3. Harden v. City of RaleighSupreme Court of North Carolina · 1926
  4. Little v. Board of AdjustmentSupreme Court of North Carolina · 1928
  5. Williams v. . WilliamsSupreme Court of North Carolina · 1874

3Cited by30 opinions

  1. Coastal Ready-Mix Concrete Co. v. Board of CommissionersSupreme Court of North Carolina · 1980
  2. López Salas v. Junta de PlanificaciónSupreme Court of Puerto Rico · 1958
  3. Humble Oil & Refining Co. v. Board of AldermenSupreme Court of North Carolina · 1974
  4. Lee v. . Board of AdjustmentSupreme Court of North Carolina · 1946
  5. Godfrey v. Zoning Bd. of Adjustment of Union CountySupreme Court of North Carolina · 1986

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